In Hamilton County, a person who gets arrested will have their bail set in an off-the-record hearing that lasts for just minutes. The price of their freedom is decided entirely by an unelected magistrate, without any attorney present.
According to a new ruling from the District Court of Eastern Tennessee, this practice is unconstitutional. The court found that anyone assigned a cash bond has the right to a bail hearing, where they must be represented by an attorney and the state must prove that bail is necessary.
Every day that defendants' rights are violated, the County's liability grows, but our system doesn't have the staff, budget, or capacity to provide a constitutional bail hearing to every person that's arrested.
That's why CALEB is calling on County officials to work with Civil Rights Corps, a legal advocacy organization, to create an action plan that will bring the County into compliance, protect our rights, and end unconstitutional pretrial detention in our community once and for all.
According to a new ruling from the District Court of Eastern Tennessee, this practice is unconstitutional. The court found that anyone assigned a cash bond has the right to a bail hearing, where they must be represented by an attorney and the state must prove that bail is necessary.
Every day that defendants' rights are violated, the County's liability grows, but our system doesn't have the staff, budget, or capacity to provide a constitutional bail hearing to every person that's arrested.
That's why CALEB is calling on County officials to work with Civil Rights Corps, a legal advocacy organization, to create an action plan that will bring the County into compliance, protect our rights, and end unconstitutional pretrial detention in our community once and for all.
What Can You Do?
- Sign up for court watch this summer.
- Educate yourself on the harms of pretrial detention, the new ruling from the District Court of Eastern Tennessee and it's implications for all the counties within that district. Here's our source list.
- Stay connected with our campaign work and sign up for advocacy alerts.
- Contact stakeholders in our county and share your view on local bail reform using the resources below.
Contact your elected officials!
Reach out to local leaders in Hamilton County and urge them to take action on this issue! County officials have the final say on this issue, so we have to let them know that defendants' rights are a community issue.
Don't know what to say? Use our template email below:
Email Template
Dear [Commissioner’s name],
My name is [Your name]. I am one of your constituents in District [Your District], and I am writing to draw your attention to an issue that is affecting many people in our community.
When a person is arrested in Hamilton County, their bail is set by a magistrate at the county jail. The process takes just minutes - the magistrate has complete discretion, and the person’s financial circumstances are not taken into account. A person who can’t pay their bail will sit in jail for up to 2 weeks before their arraignment, simply because they cannot afford their release.
In September of last year, the District Court for the Eastern District of Tennessee issued a judgment in the case of Torres v. Collins, a decision that is now law for all counties within the district, including Hamilton County. In this case, a lawsuit was brought against Hamblen County, Tennessee, for violating the constitutional rights of defendants through a set of bail-setting practices very similar to our own.
In their decision, the court found that a person held in jail due to being unable to pay their bond has the right to a bail hearing. In order for this hearing to meet constitutional requirements, the person must be represented by an attorney, the state must show evidence that bail is necessary to secure the person's appearance in court, and their ability to pay bail must be evaluated and taken into consideration.
Action must be taken urgently to bring our local bail practices into compliance with the law, but our courts do not have the capacity to provide bail hearings to everyone who is legally entitled to one. Civil Rights Corps, the organization representing the plaintiffs in Torres v. Collins, has provided you and other County officials with detailed policy recommendations and offered to assist the County in implementing those strategies. I am asking you and other County officials to meet CRC at the negotiating table in order to find a solution and bring our cash bail system into compliance with Tennessee law.
This is an opportunity to not only avoid a costly lawsuit, but also to explore policies that address long-standing issues in our criminal justice system. As your constituent, I am asking that you do the right thing and take action to protect our rights and end unconstitutional bail practices in our community.
Sincerely,
[Your Name]
[Your District Number]
My name is [Your name]. I am one of your constituents in District [Your District], and I am writing to draw your attention to an issue that is affecting many people in our community.
When a person is arrested in Hamilton County, their bail is set by a magistrate at the county jail. The process takes just minutes - the magistrate has complete discretion, and the person’s financial circumstances are not taken into account. A person who can’t pay their bail will sit in jail for up to 2 weeks before their arraignment, simply because they cannot afford their release.
In September of last year, the District Court for the Eastern District of Tennessee issued a judgment in the case of Torres v. Collins, a decision that is now law for all counties within the district, including Hamilton County. In this case, a lawsuit was brought against Hamblen County, Tennessee, for violating the constitutional rights of defendants through a set of bail-setting practices very similar to our own.
In their decision, the court found that a person held in jail due to being unable to pay their bond has the right to a bail hearing. In order for this hearing to meet constitutional requirements, the person must be represented by an attorney, the state must show evidence that bail is necessary to secure the person's appearance in court, and their ability to pay bail must be evaluated and taken into consideration.
Action must be taken urgently to bring our local bail practices into compliance with the law, but our courts do not have the capacity to provide bail hearings to everyone who is legally entitled to one. Civil Rights Corps, the organization representing the plaintiffs in Torres v. Collins, has provided you and other County officials with detailed policy recommendations and offered to assist the County in implementing those strategies. I am asking you and other County officials to meet CRC at the negotiating table in order to find a solution and bring our cash bail system into compliance with Tennessee law.
This is an opportunity to not only avoid a costly lawsuit, but also to explore policies that address long-standing issues in our criminal justice system. As your constituent, I am asking that you do the right thing and take action to protect our rights and end unconstitutional bail practices in our community.
Sincerely,
[Your Name]
[Your District Number]
Frequently Asked Questions
Why does CALEB’s Criminal Justice Task Force focus on pretrial justice?
We believe that the cash bail system actively harms our communities by keeping legally innocent people locked away from the resources they need to thrive. This hurts our community and deteriorates public safety. We want to see a world with less reliance on jails and a legal system where justice is not for sale.
What is pretrial?
Pretrial refers to the period when an individual is accused of a crime but has not been convicted. This phase begins when law enforcement suspects someone of a crime and initiates contact. The pretrial process concludes when the legal case is resolved, typically through the dismissal of charges, a plea agreement, or a trial.
What is a magistrate hearing?
A magistrate hearing is an initial court proceeding in which a magistrate informs the accused of the charges, decides on bail or bond, and sets future court dates. The hearing also determines whether the accused will be released or detained before trial.
How long can someone spend detained during pretrial in Hamilton County?
If a person can’t afford their bond after arrest, they may spend up to 14 days in jail until their first appearance before a judge. However, unless the charges are dismissed or they take a plea deal at that first hearing, they stay detained in jail until the conclusion of their case. Misdemeanor cases resolved in Sessions court can take months, but individuals can wait in jail for over a year or more for cases sent to a grand jury.
How often do those detained pretrial end up in a jury trial?
In a study of over 500 cases in Hamilton County, Ohio, researchers at the University of Cincinnati found that 51% of all cases were dismissed during the pretrial stage (this includes cases dismissed by a grand jury, as well as cases dropped by the prosecution), 40% of cases were resolved by plea deal, and less than 1% received a jury trial.
Is there a relationship between convictions and pretrial detention?
Studies indicate that individuals held in pretrial detention are more likely to plead guilty and face harsher penalties than those who are released before trial. For instance, they have a higher likelihood of being sentenced to jail or prison, and their sentences tend to be longer.
What is Bail reform?
“These days, when people ask me to define bail reform, I tell them that bail reform is switching from a random, irrational, non-transparent, and unfair money-based system (one in which money can and does lead to detention) to a fair, transparent, and intentional release/detain system.”
- Tim Schnacke, APPR community post 7/5/24
- Tim Schnacke, APPR community post 7/5/24
Won’t bail reform increase crime?
When looking at states, cities, and municipalities that have implemented bail reform measures, we see that there has been no statistically significant rise in crime rates, and in some cases crime rates have actually decreased after policy changes. In 2016, New Mexico voters approved a constitutional amendment prohibiting judges from imposing bail amounts that people cannot afford, and crime rates decreased state-wide.
How do we know those released pretrial will show up for their court dates?
We can look to other places that have instituted bail reform. In Washington DC, 90% of those arrested are released without a financial bond, and over 90% of those defendants attend all scheduled court appearances.
The reasons people fail to appear are varied, but the amount someone pays in bail has less to do with their ability to return to court than other factors like lack of transportation, childcare, or conflicting work schedules.
The reasons people fail to appear are varied, but the amount someone pays in bail has less to do with their ability to return to court than other factors like lack of transportation, childcare, or conflicting work schedules.
If you release someone pretrial, won’t they commit another crime?
Research actually shows that the longer a person spends detained pretrial before they are released or post bail, the more likely they are to be arrested again while awaiting trial. The longer a person is in jail, the higher the chance they lose their job, housing, and other supports keeping them safe and stable.
Where has pretrial reform been successful?
Bail reform has been implemented in many jurisdictions including New Jersey, New York, Washington D.C., and Philadelphia. Far from increasing crime, research shows that bail reform has a positive or neutral affect on public safety.
What are the goals of CALEB’s campaign to expand pretrial release in Hamilton County?
- Improve Community Safety: Reduce pretrial detention
- Uphold Constitutional Rights: Due process rights are observed when liberty is at stake
- Expanding Pretrial Release: Automatic Release order implemented and Cite & Release laws enforced for most misdemeanor charges
What is an automatic release order?
A policy or court rule that mandates the release of individuals charged with certain misdemeanor offenses after a specific period if they have not been able to post bail or bond. This measure is designed to prevent prolonged pretrial detention for low-level offenses and reduce jail overcrowding.
What Is Torres V. Collins and why is it relevant?
In this decision, the court grants summary judgment to the plaintiffs, represented by Civil Rights Corps, on the grounds that the bail practices in Hamblen County, TN - detaining people on an unaffordable bond set by a magistrate without an evidentiary hearing where an attorney represents them - violated the due process rights of defendants.